The Mental Capacity Act 2005 Sample Clauses

The Mental Capacity Act 2005. 7.1 The Mental Capacity Act 2005 (MCA) applies to care, treatment and support of people aged 16 years and over, in England and Wales, who are unable to make some or all decisions for themselves. Staff working with people who lack capacity must have regard to the MCA. 7.2 The Council can only enter into a DPA with someone who has the mental capacity to make a decision to enter into a DPA, or the person legally authorised to deal with that person’s financial affairs. This may be a Deputy, Lasting Power of Attorney or Enduring Power of Attorney which has been registered at the Court of Protection or in some circumstances a specific order from the Court of Protection. The Council requires a certified copy of the document for its records. 7.3 Where there is no legal authority in place, but where an application is to be made or in progress, the person applying for Power of Attorney or Deputyship is responsible for negotiating with the Care Home regarding payment of fees until they can apply for a Deferred Payment. 7.4 Where no-one is available to apply for Deputyship, the Council will consider applying for Deputyship. 7.5 The compound interest charge will apply to these invoices.
AutoNDA by SimpleDocs
The Mental Capacity Act 2005. The Provider shall make these policies and procedures clear to its Staff via induction, training and development, Staff meetings and supervision.
The Mental Capacity Act 2005. Under the Mental capacity Act 2005 staff are required to apply 5 principles in their assessments to decide whether to share information without consent in a persons’ best interests. As described in 2.4 of the MCA Code of Practice, "it is important to balance people's right to make a decision with their right to safety and protection when they can't make decisions to protect themselves. The starting assumption must always be that an individual has the capacity, until there is proof that they do not. 5 xxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/1989/41/contents 5.15.1 Under the Mental Capacity Act 2005 there would have to be good reasons for not undertaking an assessment of mental capacity regarding the decision to share information without consent, and these would need to be documented carefully.
The Mental Capacity Act 2005. This Act was introduced to provide a clearer legal basis for making decisions and in doing so, promotes best practice in supporting anyone who is unable to make some or all decisions. The inability to make a decision could be because of a learning disability, mental health problems, brain injury, dementia, alcohol or drug misuse, side effects of medical treatment or any other illness or disability. This Act sets out in detail how capacity to make decisions should be assessed. The principles of the Act should be followed in the event that a service user needs to be asked for specific consent to his information being used or shared for a particular purpose. In particular, it should be assumed that a service user does have the capacity to consent to the processing of his information, unless this is proved otherwise taking into account all the relevant circumstances at the relevant time. Chapter 16 of the Mental Capacity Act Code of Practice1 offers guidance on: • What personal information about someone who lacks capacity people involved in their care have the right to see, and • How they can get hold of that information. Am I acting under a Lasting Power of Attorney or as a deputy with specific authority? • Does the person have capacity to agree that information can be disclosed? Have they previously agreed to disclose the information? • What information do I need? • Why do I need it? • Who has the information? • Can I show that: - I need the information to make a decision that is in the best interests of the person I am acting for, and - the person does not have the capacity to act for themselves? • Do I need to share the information with anyone else to make a decision that is in the best interests of the person who lacks capacity? • Should I keep a record of my decision or action? • How long should I keep the information for? • Do I have the right to request the information under section 7 of the Data Protection Act 1998? 1 Mental Capacity Act 2005 Code of Practice, published by The Stationery Office on behalf of the Department for Constitutional Affairs, 2007. • Is the request covered by section 7 of the Data Protection Act 1998? Is the request being made by a formally authorised representative? If not: • Is the disclosure legal? • Is the disclosure justified, having balanced the person’s best interests and the public interest against the person’s right to privacy? • Do I (or does my organisation) have the information? • Am I satisfied that the person conc...
The Mental Capacity Act 2005. 7.1 The Mental Capacity Act 2005 (MCA) applies to care, treatment and support of people aged 16 years and over, in England and Wales, who are unable to make some or all decisions for themselves. Staff working with people who lack capacity must have regard to the MCA. 7.2 The Council can only enter into a DPA with someone who has the mental capacity to make a decision to enter into a DPA, or the person legally authorised to deal with that person’s financial affairs. This may be a Deputy, Lasting Power of Attorney or Enduring Power of Attorney which has been registered at the Court of Protection or in some circumstances a specific order from the Court of Protection. The Council requires a certified copy of the document for its records. 7.3 Where there is no legal authority yet in place but where someone is applying for it, the Council will pay the provider and send the invoice to the person who is applying for Deputyship. A letter of undertaking to pay the care fees will need to be signed by the person seeking the deputyship. 7.4 Where no-one is available to apply for Deputyship, the Council will consider applying for Deputyship. 7.5 The compound interest charge will apply to these invoices.

Related to The Mental Capacity Act 2005

  • Safety Act, Sec The employee rights set out above shall be interpreted within the context of the An employee who believes that she has been harassed, contrary to this provision shall be encouraged by both parties to follow the Employer’s policy on harassment and process. Failing resolution, an employee may follow the process set out in the Complaint, Grievance and Arbitration procedure in Article 8 of the Collective Agreement. The employee shall be encouraged by both parties to exhaust these processes prior to filing a complaint with the Ontario Human Rights Commission.

  • Disciplinary Sanctions Sanctions shall be limited to written reprimand, suspension with pay, suspension without pay, denial of salary increase, temporary reduction of salary and discharge.

  • Compliance with Code Section 409A The intent of the parties is that payments and benefits under this Agreement comply with or are exempt from Section 409A of the Code and this Agreement shall be interpreted and construed in a manner that establishes an exemption from (or compliance with) the requirements of Code Section 409A. Any terms of this Agreement that are undefined or ambiguous shall be interpreted in a manner that complies with Code Section 409A to the extent necessary to comply with Code Section 409A. Notwithstanding anything herein to the contrary, (i) if, on the date of termination, the Executive is a “specified employee” as defined in Section 409A of the Code, and the deferral of the commencement of any payments or benefits otherwise payable hereunder as a result of such termination of employment is necessary in order to prevent any accelerated or additional tax under Code Section 409A, then the Company will defer the commencement of the payment of any such payments or benefits hereunder (without any reduction in such payments or benefits ultimately paid or provided to the Executive) until the date that is the first business day of the seventh month following the date of termination (or the earliest date as is permitted under Code Section 409A), and (ii) if any other payments of money or other benefits due to the Executive hereunder could cause the application of an accelerated or additional tax under Code Section 409A, such payments or other benefits shall be deferred if deferral will make such payment or other benefits compliant under Code Section 409A. In the event that payments under this Agreement are deferred pursuant to this Section in order to prevent any accelerated tax or additional tax under Code Section 409A, then such payments shall be paid at the time specified under this Section without any interest thereon. Notwithstanding anything to the contrary herein, to the extent required by Code Section 409A, a termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of amounts or benefits upon or following a termination of employment unless such termination is also a “separation from service” within the meaning of Section 409A of the Code and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment” or like terms shall mean separation from service. Each payment made under this Agreement shall be treated as a separate payment and the right to a series of installment payments under this Agreement is to be treated as a right to a series of separate payments.

  • FAIR LABOR STANDARDS ACT 314. To the extent that the Agreement fails to afford employees the overtime or compensatory time off benefits to which they are entitled under the Fair Labor Standards Act, the Agreement is amended to authorize and direct all City Departments to ensure that their employees receive, at a minimum, such Fair Labor Standards Act Benefits.

  • OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Xxxxx Xxxxxxxx Xxxxxx, Xxx Xxxx 00000 Telephone: 000-000-0000 Fax: 000-000-0000 email: xxx@xxx.xx.xxx A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-803-2414 email: xxxxxxxxxxxxxxxxx@xxx.xx.xxx xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/VendorSearchPu blic.asp The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

  • References to Statutes, Public Acts, Regulations, Codes and Executive Orders All references in this Contract to any statute, public act, regulation, code or executive order shall mean such statute, public act, regulation, code or executive order, respectively, as it has been amended, replaced or superseded at any time. Notwithstanding any language in this Contract that relates to such statute, public act, regulation, code or executive order, and notwithstanding a lack of a formal amendment to this Contract, this Contract shall always be read and interpreted as if it contained the most current and applicable wording and requirements of such statute, public act, regulation, code or executive order as if their most current language had been used in and requirements incorporated into this Contract at the time of its execution.

  • OFAC; Sanctions; Anti-Corruption Laws; Anti-Money Laundering Laws No Loan Party or any of its Subsidiaries is in violation of any Sanctions. No Loan Party nor any of its Subsidiaries nor, to the knowledge of such Loan Party, any director, officer, employee, agent or Affiliate of such Loan Party or such Subsidiary (a) is a Sanctioned Person or a Sanctioned Entity, (b) has any assets located in Sanctioned Entities, or (c) derives revenues from investments in, or transactions with Sanctioned Persons or Sanctioned Entities. Each of the Loan Parties and its Subsidiaries has implemented and maintains in effect policies and procedures designed to ensure compliance with all Sanctions, Anti-Corruption Laws and Anti-Money Laundering Laws. Each of the Loan Parties and its Subsidiaries, and to the knowledge of each such Loan Party, each director, officer, employee, agent and Affiliate of each such Loan Party and each such Subsidiary, is in compliance with all Sanctions, Anti-Corruption Laws and Anti-Money Laundering Laws. No proceeds of any Loan made or Letter of Credit issued hereunder will be used to fund any operations in, finance any investments or activities in, or make any payments to, a Sanctioned Person or a Sanctioned Entity, or otherwise used in any manner that would result in a violation of any Sanction, Anti-Corruption Law or Anti-Money Laundering Law by any Person (including any Lender, Bank Product Provider, or other individual or entity participating in any transaction).

  • Investment Company Act; JOBS Act Acquiror is not an “investment company” or a Person directly or indirectly “controlled” by or acting on behalf of an “investment company”, in each case within the meaning of the Investment Company Act. Acquiror constitutes an “emerging growth company” within the meaning of the JOBS Act.

  • Agreement to Perform Necessary Acts Each party agrees to perform any further acts and execute and deliver any further documents which may be reasonably necessary or otherwise reasonably required to carry out the provisions of this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!